                                 CODE OF VIRGINIA

ZONING; OTHER WIRELESS FACILITIES AND WIRELESS SUPPORT STRUCTURES (§
15.2-2316.4:1)

A. A locality shall not require that a special exception, special use permit, or
variance be obtained for the installation or construction of an administrative
review-eligible project but may require administrative review for the issuance
of any zoning permit, or an acknowledgement that zoning approval is not
required, for such a project.

B. A locality may charge a reasonable fee for each application submitted under
subsection A or for any zoning approval required for a standard process project.
The fee shall not include direct payment or reimbursement of third-party fees
charged on a contingency basis or a result-based arrangement. Upon request, a
locality shall provide the applicant with the cost basis for the fee. A locality
shall not charge market-based or value-based fees for the processing of an
application. If the application is for:

   1. An administrative review-eligible project, the fee shall not exceed $500;
   and

   2. A standard process project, the fee shall not exceed the actual direct
   costs to process the application, including permits and inspection.

C. The processing of any application submitted under subsection A or for any
zoning approval required for a standard process project shall be subject to the
following:

   1. Within 10 business days after receiving an incomplete application, the
   locality shall notify the applicant that the application is incomplete. The
   notice shall specify any additional information required to complete the
   application. The notice shall be sent by electronic mail to the
   applicant&#8217;s email address provided in the application. If the locality
   fails to provide such notice within such 10-day period, the application shall
   be deemed complete.

   2. Except as provided in subdivision 3, a locality shall approve or disapprove
   a complete application:
   				a. For a new structure within the lesser of 150 days of receipt of the
   completed application or the period required by federal law for such approval
   or disapproval; or
   				b. For the co-location of any wireless facility that is not a small cell
   facility within the lesser of 90 days of receipt of the completed application
   or the period required by federal law for such approval or disapproval, unless
   the application constitutes an eligible facilities request as defined in 47
   U.S.C. &#xA7; 1455(a).

   3. Any period specified in subdivision 2 for a locality to approve or
   disapprove an application may be extended by mutual agreement between the
   applicant and the locality.

D. A complete application for a project shall be deemed approved if the locality
fails to approve or disapprove the application within the applicable period
specified in subdivision C 2 or any agreed extension thereof pursuant to
subdivision C 3.

E. If a locality disapproves an application submitted under subsection A or for
any zoning approval required for a standard process project:

   1. The locality shall provide the applicant with a written statement of the
   reasons for such disapproval; and

   2. If the locality is aware of any modifications to the project as described
   in the application that if made would permit the locality to approve the
   proposed project, the locality shall identify them in the written statement
   provided under subdivision 1. The locality&#8217;s subsequent disapproval of
   an application for a project that incorporates the modifications identified in
   such a statement may be used by the applicant as evidence that the
   locality&#8217;s subsequent disapproval was arbitrary or capricious in any
   appeal of the locality&#8217;s action.

F. A locality&#8217;s action on disapproval of an application submitted under
subsection A or for any zoning approval required for a standard process project
shall:

   1. Not unreasonably discriminate between the applicant and other wireless
   services providers, wireless infrastructure providers, providers of
   telecommunications services, and other providers of functionally equivalent
   services; and

   2. Be supported by substantial record evidence contained in a written record
   publicly released within 30 days following the disapproval.

G. An applicant adversely affected by the disapproval of an application
submitted under subsection A or for any zoning approval required for a standard
process project may file an appeal pursuant to subsection F of &#xA7; 15.2-2285,
or to &#xA7; 15.2-2314 if the requested zoning approval involves a variance,
within 30 days following delivery to the applicant or notice to the applicant of
the record described in subdivision F 2.

HISTORY: 2018, cc. 835, 844.